HF 806

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for immunity from
liability for school district and district employee
notification of students with a history of violent
behavior; amending Minnesota Statutes 2004, sections
121A.64; 121A.75, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 121A.64, is
amended to read:

121A.64 NOTIFICATION; TEACHERS' LEGITIMATE EDUCATIONAL
INTEREST.

(a) A classroom teacher has a legitimate educational
interest in knowing which students placed in the teacher's
classroom have a history of violent behavior and must be
notified before such students are placed in the teacher's
classroom.

(b) Representatives of the school board and the exclusive
representative of the teachers shall discuss issues related to
the model policy on student records adopted under Laws 1999,
chapter 241, article 9, section 50, and any modifications
adopted under Laws 2003, First Special Session chapter 9, for
notifying classroom teachers and other school district employees
having a legitimate educational interest in knowing about
students with a history of violent behavior placed in
classrooms. The representatives of the school board and the
exclusive representative of the teachers also may discuss the
need for intervention services or conflict resolution or
training for staff related to placing students with a history of
violent behavior in teachers' classrooms.

new text begin (c) A school district or employee of a school district is
immune from liability in any civil, administrative, or criminal
action relating to this section if a good faith effort has been
made to comply with the notification requirement. A school
district must adopt a policy to implement this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 121A.75, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Immunity from liability. new text end

new text begin A school district or
employee of a school district is immune from liability in any
civil, administrative, or criminal action relating to this
section if a good faith effort has been made to comply with the
notification requirements. A school district must adopt a
policy to implement this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end